United States Sixth Circuit

District court's conviction of defendant for being a felon in possession of a firearm and imposition of a 180-month sentence is affirmed in part, reversed in part, vacated in part and remanded where: 1) district court's denial of defendant's suppression motion as to the DNA swab and confession is affirmed as the evidence is sufficiently attenuated from the prior unlawful seizure such that any taint has dissipated; 2) district court's denial of defendant's motion to suppress as to the firearm is reversed and remanded as it was not sufficiently attenuated and must be suppressed as fruit of the poisonous tree; and 3) defendant's sentence is vacated and remanded for the district court to determine whether defendant's prior escape conviction is a crime of violence under the ACCA.

Appellate Information

• Decided 10/19/2010
• Published 10/19/2010

Judges

• MARBLEY

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Nathan A. Ray, Daniel R. Ranke